What Makes a Will Valid in Missouri? Key Legal Requirements

Creating a will is an essential step in estate planning to ensure that your wishes are carried out after your passing. However, simply jotting down your desires on a piece of paper may not suffice. In Missouri, like in other states, there are key legal requirements that must be met for a will to be considered valid. Understanding these requirements is crucial to prevent potential challenges and ensure your estate is distributed according to your wishes.

Capacity and Age: The testator, the person creating the will, must be at least 18 years old and of sound mind. This means they must understand the nature of making a will, the extent of their property, and the beneficiaries they are including.

Intent: The testator must have the intention to create a will and understand the implications of their decisions. The will should clearly outline their wishes regarding the distribution of their assets.

Signature: In Missouri, the will must be signed by the testator or by someone else in the testator's presence and at their direction. If the testator is unable to sign, they can direct someone else to do it for them, but this should be done in the presence of witnesses.

Witnesses: Two witnesses are required to attest to the signing of the will. These witnesses must be at least 18 years old and should not be beneficiaries or spouses of beneficiaries named in the will. Their role is to confirm that the testator signed the will willingly and that they were of sound mind at the time.

Writing: While Missouri does not require wills to be written by an attorney, handwritten or oral (nuncupative) wills are generally not recognized unless they meet specific criteria. To avoid any ambiguity, it is advisable to have a typed or printed will that is clearly drafted and signed.

Revocation and Amendments: If you decide to make changes to your will, it is essential to follow the legal requirements for revocation or amendment. Any alterations should be made with the same formalities as the original will to ensure they are valid.

Self-Proving Affidavit: While not mandatory, attaching a self-proving affidavit to your will can simplify the probate process. This document is signed by the testator and witnesses and proves the validity of the will without the need for witness testimony in court.

Probate Court: After the testator's passing, the will must be filed with the probate court in the county where the deceased resided. The court will oversee the distribution of assets according to the terms of the will, provided it meets all legal requirements.

By ensuring that your will complies with Missouri's legal requirements, you can have peace of mind knowing that your wishes will be honored and your assets will be distributed as you intended. Consulting with an experienced estate planning attorney can help you navigate the complexities of will creation and ensure that your estate plan is legally valid and enforceable.